Grammy Award-winning singer R. Kelly’s legal team will request his release from prison during an upcoming appeals court session on Friday, September 4. They argue that the singer has faced significant challenges in preparing for his pending trial over the last six months.
R. Kelly has not had in-person meetings with his attorneys since March, when prisons went into lockdown.
His attorney informed CNN that he is also unable to have face-to-face legal visits due to coronavirus concerns.
The trial, originally set to commence at the end of September in federal court in Brooklyn, has been postponed due to the pandemic.
According to Kelly’s lawyers, the singer lacks the ability to read, write, review legal documents in his case, take notes, or communicate with his lawyers effectively without in-person interactions.
“He has essentially been excluded from the discovery and preparation process,” Tom Farinella, one of his attorneys, stated in a court filing.
Friday’s argument will mark the sixth time Kelly has sought his release since his incarceration in federal custody in July 2019.
Kelly’s legal team contends that being in federal prison exposes him to a high risk of severe complications from Coronavirus.
Kelly is facing charges in New York, including racketeering and violations of the Mann Act, which prohibits trafficking for prostitution or sexual activity. The allegations stem from activities that supposedly occurred over two decades in New York, Connecticut, Illinois, and California.
He also faces federal charges in Illinois for child pornography and obstruction, as well as state charges of aggravated criminal sexual abuse. He has pleaded not guilty to all charges.
Farinella argues that Kelly’s only means of communicating with his lawyers is through phone calls, which do not offer the necessary confidentiality for meaningful attorney-client conversations.
However, prosecutors argue that releasing Kelly would pose a danger, citing concerns about potential flight, community safety, and his history of tampering with witnesses and jurors.
Prosecutors claim that Kelly has access to significant funds despite his defense team’s assertion that he has “almost no liquid financial resources.” They argue that the singer received over $200,000 in royalty proceeds in the first quarter of 2020 alone.
Furthermore, prosecutors express worry that if Kelly is released to his home in Chicago, he could remove his electronic monitoring device since he would be out of the jurisdiction of the Eastern District of New York.
They also assert that Kelly could easily conceal his face in public due to the widespread use of masks amid the Coronavirus, potentially allowing him to go unrecognized.
